Steve UblPresident and CEO, AdvaMed

Advocating For Reasonable Regulation

March 29, 2006

AdvaMed Facts

• World’s largest association representing medical technology innovators

• Now grown to 1,300 + member companies and subsidiaries (devices, diagnostics, HIS)

• Members manufacture 90% of – 87 B domestic market, 50% – 220 B global market

• $21 million budget, 60 staff with global expertise

• 45 - member Board of Directors

A Healthy Industry

• R&D 12% of sales, 4x manufacturing average, = pharma

• 80% increase in patents in last decade

• 15% average annual revenue growth over last decade• Venture investment strong

• 90% of industry has <100 employees

• Largest industry segment represented on Forbes and Business Week’s lists of fastest growing small companies

• 350,000+ jobs paying 49% more than private sector average

The Market Rewards Innovation

Defining AdvaMed’s Role

Design

Clinical Review

Idea through FDA: 2-6 yrs

Coverage

Payment

CodingCov & Paymt:

0-6

Source: Lewin Group, 2000, 2004

JapanCanada

UKKorea

GermanyMexico

ChinaIndia

France

Defining AdvaMed’s Role

Stakes have never been higher. Today’s issues hold significant implications…

For how the medical technology industry is regulated For how the medical technology industry gets paid

For how easy or difficult it is to enter new markets

The Public Policy Environment

•Large deficits

•Rising health care costs

•Medicare in the crosshairs

•Number of the uninsured is large and growing

• Safety/Ethics issues

•Public wants health reform

•Unpredictable election

Deficits are Large—and are Projected to Stay Large

-2500

-2000

-1500

-1000

-500

0

$ in

Bi

llion

s

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 20016Total 2007-2011

Total 2007-2016

-318 -371 -335-236 -194 -165 -204

-158 -195

-197 -204 -250

-1,133

-2,137

Source: Congressional Budget Office

2006 Federal Budget: $2.64 trillion

Social Security21%

Medicare14%

Medicaid7%

Other Entitlement Spending15%

Defense18%

Nondefense Discretionary Spending18%

Net Interest7%

Source: CBO Budget and Economic Outlook: Fiscal Years 2007-2016, January 26, 2006

2015 Federal Budget: $3.83 trillion

Social Security22%

Medicare20%

Medicaid9%

Other Entitlement Spending13%

Defense15%

Nondefense Discretionary Spending14%

Net Interest7%

Source: CBO Budget and Economic Outlook: Fiscal Years 2007-2016, January 26, 2006

• Deficit Reduction Act of 2006: $6.4 B in Medicare cuts, including $2.8 B in imaging cuts

• President’s 2007 Budget: $36 B in Medicare cuts, including $1.4 B in diagnostic cuts and $6.5 B in oxygen cuts

• President Bush on Medicare: “The cost of these programs [Medicare and Social Security] are growing faster than the economy, …the rate of inflation, and the growth in population. It’s unsustainable growth.”

Medicare in the Crosshairs

• 82% of voters say that health care is a high priority that will affect their vote in the midterm elections—ahead of every issue but Iraq (CNN/Gallup)

• 76% of voters say that health access and lower costs should be an “absolute priority” for Congress and the President, higher than any other domestic issue (WSJ/NBC News)

Public Wants Reform

• Value-Based Purchasing

• Medicare Payment Reform

• MDUFMA Reauthorization and FDA Reform

• Post-Market Regulation and Industry Reputation

• Foreign Markets

The Five Challenges and Opportunities Facing the Medical Device Industry

Value versus Cost: A Challengeand an Opportunity• Opportunity

“Value-Based Purchasing”-Incentives to use underutilized technology: a vast new market-Incentives for rapid adoption of value-enhancing new technology• Challenge

“Efficiency” Reimbursement-Poorly constructed “efficiency” reimbursement could result in incentives to use the cheapest treatment, not the best treatment

• Gainsharing-Commoditization of devices-Incentives not to adopt new technology-Cheapest is best approach to in-hospital care

Undertreatment: A Quality Chasm and an Opportunity to Provide Value

Average 30 conditions 45%Senile Cataract 21.3%Breast Cancer 24.3%Low back pain 31.5%Coronary artery disease 32%Hypertension 35.3%Congestive heart failure 36.1%Cerebrovascular disease 40.9%Chronic obstructive pulmonary disease

42%

Orthopedic conditions 42.8%Colorectal cancer 46.1%Diabetes mellitus 54.6%Urinary tract infection 59.3%Dyspepsia/peptic ulcer disease 67.3%Atrial fibrillation 75.3%Hip fracture 77.3%

CONDITIONS

FAILURE TO RECEIVE RECOMMENDED CARE (%)

Source: McGlynn et al “The Quality of Health Care Delivered to Adults in the United States” NEJM June 26, 2003

Provider Payment Reforms: Challenges•Medicare’s payment machinery often can’t keep

pace with rapid innovation •Proposed major reforms to DRG system – from “charge” to “cost” based, severity adjusted

- Cost-reports are often 2-3 years old • 2006 outpatient rates –failure to maintain payment floors •ASC reform •Single price regardless of site of service •Pricing transparency

Provider Payment Reforms: OpportunitiesCharge compression

•Hospitals mark-up low cost items more than high cost items

•Medicare applies a crude across the board cost-to- charge ratio

•Systematically overpays low-cost items and underpays high cost items

Provider Payment Reforms: Opportunities Cont’dDiagnostic Lab Test Payment Reform

•Current system of “cross-walks” and “gap-fills” often underpays for new tests •AdvaMed backed legislation would enhance stakeholder involvement/transparency:

-Create timely process to correct fee-schedule errors -Establish new procedures/criteria for new test payment -Long-term: Develop and test new payment system for molecular diagnostics -Based on value/resource use in patient care management

Remote Monitoring Technologies

•Rapid innovation in technologies used to improve management of chronic conditions at home: CHF, Cardio, Diabetes

•Doctors not generally reimbursed for remote interactions that are cheaper and more convenient

Provider Payment Reforms: Opportunities Cont’d

MDUFMA Reauthorization

Key Reauthorization and Reform Topics

• Improved review performance

• Stable, predictable fees

• Third Party Review and Inspection

• Guidance document development

• Appropriate regulation of IVDs

• Critical path analysis

FDA Is Meeting Its MDUFMA Goals—But the Goals Are Not Very Ambitious

FY 2007 Goal

FY 2004 Performance

PMA & Panel Track Supplements: % Final Decision Within 320 Days 90% 91.10%Expedited PMAs: % Final Decision Within 300 Days 90% 100%510(k)s: % Final Decision Within 90 Days 80% 84%NOTE: CDRH Goals Only Source: FDA

MUDFMA Reauthorization: Improved Review Performance• Significantly shorten review times

• Establish 180 day goal for expedited PMAs

• Minimize clock stopping behaviors

• Incorporate more interaction in the review process

• Require justification for additional information requests, deficiency letters

• Establish timely appeals mechanisms for negative decisions

FDA Tougher Postmarket Controls• FDA under pressure from

Congress and the media

• CDRH has made post-market safety its top priority

Key Industry Themes

• Industry is committed public health partner– Two major conferences on post-market issues

w/ FDA and HRS– Extensive industry/agency collaboration

• FDA has extensive device postmarket authorities

• Focus on effective and timely use of information, rather than collecting more information

• Communication to stakeholders must provide balanced risk/benefit picture

Postmarket Regulation Refinement: Key Issues• Recalls

• Unique Indentifiers

• Annual Reports

• Medical Device Reports (MDRs)

• Condition of Approval and Sec. 522 Studies

Legislative Outlook

2006•Reconciliation bill unlikely: no major Medicare cuts•Doctor fee fix a vehicle for “value-based purchasing” and, potentially, for gainsharing expansion•Hearings on postmarket issues, unethical promotion practices possible2007•Budget reconciliation, Medicare cuts likely•Drug safety bill with device components possible•MDUFMA reauthorization

International Markets

• European Union: $63 billion Germany: $22.5 France: $10.7 Italy: $7.3 UK: $6.9

• Japan: $26 billion

• China: $8.2 billion

• Brazil: $3.1 billion

• India: $1.3 billion

U.S. Device Industry Now Receives more than 50% of Revenues from Foreign Sales

Global Challenges =Global Opportunities:

• Rapid growth in overseas-especially emerging markets like China and India

• Japan’s healthcare reform and aging population provide opening to help shape reimbursement and regulatory systems

• Nascent regulatory and reimbursement regimes in emerging markets provide opportunity to develop appropriate systems

• Europe’s movement to DRGs enables us to leverage our considerable US experience

Bringing innovation to patient care Bringing innovation to patient care worldwideworldwide

March 14, 2006